Alucent Biomedical, Inc. v. Clinical Services Corporate Operations, Inc.
| Alucent Biomedical, Inc. |
| Clinical Services Corporate Operations, Inc. (dba Allucent) and Clinical Services Corporate Operations, Inc doing business as Allucent |
| 2:2023cv00445 |
| July 11, 2023 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 Modification of Docket re #23 Affidavit/Declaration: #23 Stricken per counsel's request. Entry refiled as #24 will all pages. (mh) |
| Filing 24 Second AFFIDAVIT/DECLARATION of Myles Greenberg in Opposition re #4 MOTION for Preliminary Injunction and Memorandum in Support (Corrected), Dated September 6, 2023, filed by Plaintiff Alucent Biomedical, Inc.. (Attachments: #1 Exhibit A - Alucent Registrations, #2 Exhibit B - Alucent Trademark Infringement Demand Correspondence, #3 Exhibit C - Allucent Response to Demand Correspondence, #4 Exhibit D - Allucent Registration Applications, #5 Exhibit E - Examples of Infringement)(Pehrson, Chad) |
| Filing 23 STRICKEN Supplemental AFFIDAVIT/DECLARATION of Myles Greenberg in Support re #4 MOTION for Preliminary Injunction and Memorandum in Support , Dated Sept. 6 2023, filed by Plaintiff Alucent Biomedical, Inc.. (Attachments: #1 Exhibit A - Alucent Registrations, #2 Exhibit B - Alucent Trademark Infringement Demand Correspondence, #3 Exhibit C - Allucent Response to Demand Correspondence, #4 Exhibit D - Allucent Registration Applications, #5 Exhibit E - Examples of Infringement)(Pehrson, Chad) Modified by striking entry per counsel's request. Refiled as #24 on 9/7/2023 (mh). |
| Filing 22 NOTICE OF HEARING ON MOTION re: #17 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support : (Notice generated by HCN chambers). Motion Hearing set for 10/17/2023 at 11:00 AM before Judge Howard C. Nielson, Jr. **Non-courtroom hearing to be held via Zoom Conference** (mlp) |
| Filing 21 NOTICE of Stipulation Extending Two Disclosure Dates From Court's Aug. 16 Minute Order by Alucent Biomedical, Inc. (Pehrson, Chad) |
| Filing 20 STATUS REPORT (Joint) by Alucent Biomedical, Inc.. (Pehrson, Chad) |
| Filing 19 AFFIDAVIT/DECLARATION of Christopher Brennan in Support re #17 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Clinical Services Corporate Operations, Inc. (Attachments: #1 Exhibit A - Current Alucent Job Openings, #2 Exhibit B - ASCO Email, #3 Exhibit C - DIA Email, #4 Exhibit D - CSCO Capabilities Email, #5 Exhibit E - Example Marketing Emails, #6 Exhibit F - Example Marketing Email)(Toth, Justin) |
| Filing 18 AFFIDAVIT/DECLARATION of Diana Hughes Leiden in Support re #17 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Clinical Services Corporate Operations, Inc. (Attachments: #1 Exhibit 1 - Alucent's LinkedIn "People" Page, #2 Exhibit 2 - Summary of NVS Therapy for Treatment Study, #3 Exhibit 3 - Hauser_H LinkedIn Profile, #4 Exhibit 4 - Downey v. Alumend Docket, #5 Exhibit 5 - Downey v. Alumend Complaint, #6 Exhibit 6 - Judicial Caseload Profiles)(Toth, Justin) |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant Clinical Services Corporate Operations, Inc. (Attachments: #1 Text of Proposed Order - Exhibit 1)(Toth, Justin) |
| Filing 16 Minute Entry for proceedings held before Judge Howard C. Nielson, Jr. Scheduling Conference held on 8/16/2023. All parties appearing via Zoom conference. Court heard from parties and set the following deadlines: Motion for a Preliminary Injunction8/30 - Plaintiff shall submit a list of witnesses who will testify on its behalf at the preliminary injunction hearing and a declaration from each witness. Plaintiff need not submit a new declaration for the witness who has already submitted a declaration, but it may if it chooses submit a supplemental or superseding declaration.9/14 - Defendant shall submit its response brief, a list of witnesses who will testify on its behalf at the preliminary injunction, and a declaration from each witness.9/28 - Plaintiff may submit a reply brief and rebuttal declarations.Motion to Dismiss8/22 - Defendant shall file its motion to dismiss.9/14 - Plaintiff shall file its response.9/28 - Defendant may file a reply.Status Report due 8/23, addressing whether the parties have reached an understanding that will permit the court to hold a hearing simultaneously on the motion to dismiss and the motion for a preliminary injunction as well as their availability for a hearing on the dates identified by the court. Attorney for Plaintiff: Chad Pehrson, Attorney for Defendant: Diana Leiden, Laura Franco, Justin Toth. Court Reporter: Michelle Gonsalves. (Time Start: 1:30, Time End: 2:15, Room: Zoom conference.)(mlp) |
Filing 15
ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Diana Hughes Leiden for Clinical Services Corporate Operations, Inc.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 8/11/23. (dle)
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Filing 14
ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Laura M. Franco for Clinical Services Corporate Operations, Inc.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 8/11/23. (dle)
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| Filing 13 MOTIONS REFERRED - #10 MOTION for Admission Pro Hac Vice of Laura M. Franco , Registration fee $ 50, receipt number AUTDC-4770055,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case, #12 MOTION for Admission Pro Hac Vice of Diana Hughes Leiden , Registration fee $ 50, receipt number AUTDC-4774264,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of c Motions referred to Jared C. Bennett. (dle) |
| Filing 12 MOTION for Admission Pro Hac Vice of Diana Hughes Leiden , Registration fee $ 50, receipt number AUTDC-4774264,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Clinical Services Corporate Operations, Inc. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order)(Toth, Justin) |
| Filing 11 SUMMONS Returned Executed by Alucent Biomedical, Inc. as to Clinical Services Corporate Operations, Inc served on 7/25/2023, answer due 8/15/2023. (Pehrson, Chad) |
| Filing 10 MOTION for Admission Pro Hac Vice of Laura M. Franco , Registration fee $ 50, receipt number AUTDC-4770055,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Clinical Services Corporate Operations, Inc. (Attachments: #1 Exhibit A - Application, #2 Text of Proposed Order)(Toth, Justin) |
| Filing 9 NOTICE OF HEARING: (Notice generated by HCN chambers) Scheduling Conference set for 8/16/2023 at 01:30 PM before Judge Howard C. Nielson, Jr. **Non-courtroom hearing to be held via Zoom Conference** (mlp) |
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Filing 8
DOCKET TEXT ORDER granting in part #7 Stipulated Motion. Defendant shall file its response to #1 Complaint no later than August 22, 2023. The court stays the deadline for filing a response to #4 Motion for Preliminary Injunction. The court will schedule a hearing in the near future to set a schedule for addressing this motion. Signed by Judge Howard C. Nielson, Jr., on 8/4/2023. (mlp)
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| Filing 7 Stipulated MOTION for Extension of Time to File Response/Reply as to #4 MOTION for Preliminary Injunction and Memorandum in Support , MOTION for Extension of Time to File Answer re #1 Complaint, filed by Defendant Clinical Services Corporate Operations, Inc. (Attachments: #1 Text of Proposed Order)(Toth, Justin) |
| Filing 6 NOTICE of Appearance by Justin T. Toth on behalf of Clinical Services Corporate Operations, Inc (Toth, Justin) |
| Filing 5 Summons Issued Electronically as to Clinical Services Corporate Operations, Inc. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (haa) |
| Filing 4 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Alucent Biomedical, Inc.. (Attachments: #1 Affidavit of CEO Myles Greenberg in Support of Plaintiff Alucent's Motion for PI Enjoining Defendant Allucent from Continued Trademark Infringement, #2 Exhibit A to Greenberg Decl.--Alucent Registrations, #3 Exhibit B to Greenberg Decl. -- Defendant Allucent TM Applications, #4 Exhibit C to Greenberg Decl. -- Examples of Infringement)(Pehrson, Chad) |
| Filing 3 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (haa) |
| Filing 2 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Alucent Biomedical, Inc.. Form due by 8/2/2023. (haa) |
| Judge Howard C. Nielson, Jr added. Case number will now read 2:23-cv-00445-HCN. Please make changes to document captions accordingly. (haa) |
| Filing 1 COMPLAINT against Clinical Services Corporate Operations, Inc. (dba Allucent) (Filing fee $ 402, receipt number AUTDC-4740650) filed by Alucent Biomedical, Inc.. (Attachments: #1 Exhibit A - Trademark Infringement Demand Correspondence with Exhibits, #2 Exhibit B - Allucent Response to C-D, #3 Exhibit C - Registrations, #4 Exhibit D - Examples of Infringement, #5 Civil Cover Sheet) (Pehrson, Chad) |
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| Plaintiff: Alucent Biomedical, Inc. | |
| Represented By: | Chad S. Pehrson |
| Represented By: | Clayton Hadlock |
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| Defendant: Clinical Services Corporate Operations, Inc. (dba Allucent) | |
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| Defendant: Clinical Services Corporate Operations, Inc doing business as Allucent | |
| Represented By: | Diana Hughes Leiden |
| Represented By: | Laura M. Franco |
| Represented By: | Justin T. Toth |
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